TOWN OF SCOTT, BROWN COUNTY, WISCONSIN

MINUTES OF MONTHLY TOWN BOARD MEETING (0415)

SEPTEMBER 7, 2004

The September 2004 Monthly Town Board Meeting was called to order at 7:00 P.M. on Tuesday, September 7, 2004 in the Town Hall by Chairman Ullmer. Present were Chairman Ullmer, Supervisors Cyril Van Laanen, Kenneth Jacobs, Jason Horkman and Mike Van Lanen, Clerk Don Gibson, Treasurer Richard DeBauche. Constable Lee Baenen arrived late.

3. Verification of Public Notice

` The Affidavit of Verification of posting of the notice of the meeting was read by the Clerk. Motion by Jacobs, second by Cyril Van Laanen to accept the Affidavit of Posting. Vote: Aye-5, No-0. Carried.

Minutes of the August Town Board Meeting were read by the Clerk. The following changes were discussed. Ken Jacobs, Don Gibson and Dave Cerny will work with the City on street name changes. Sup Horkman asked that " impersonating" replace "identified as" in the letter

from the Sister's and Ullmer stated that individuals may be guilty of a Class E felony in regards to postings. Motion by M. Van Lanen to approve the minutes as amended. Second by Jacobs. Carried. Vote: Aye-5, No-0. Carried.

Plan Commission Minutes were reviewed. Motion by Horkman, Second by M. Van Lanen to receive and file Plan Commission minutes. Vote: Aye-5, No-0. Carried.

5. Public Input.

Motion by Horkman, Second by Ullmer to suspend the rules of order and allow public input. Vote: Aye-5, No-0. Carried.

Bill Ullmer-reviewed comments received on postcards by Town Board members

relative to the paving of Edgewater Beach Road.

Jason Horkman-expressed concerns about letters that had his signature which he did not sign or send.

Cy Van Laanen-reviewed letters he had received about used equipment and a letter left

at his door.

Dave Mueller-reviewed a letter requesting meat for the work done on Leanna Lane. He stated that although the letter had a signature of the Chairman, he knows it did not come from the Chairman.

Pat Kaster-Developers would like to have Sewer Service Area assigned to De Groot property on Fischer Road. The Sewer District should not consider deferring

the assessment but allow for development now and be a benefit to the tax base and reduce the debt of the Sanitary District. Ullmer clarified the point that the Town Board does not have authority on levying assessments.

Pat O'Hearn-suggested that only properties within 250 feet of a sewer line be allowed to hook on. All others should use mounds or holding tanks.

Dale Herold-Aren't Special Assessments a form of taxation without representation. Ullmer

stated that when pipes are put in they should be made available to property owners

providing a benefit and then be assessed.

Jeff Mason-He purchased property through Realtor that was represented as having sewer available adjacent to the property. He has contacted the Bayshore Sanitary District

on four occasions and not received an answer. He would like to annex his property to the Bayshore Sanitary District and hook onto the adjacent sewer line.

Motion by Jacobs, second by Horkman to return to the agenda. Vote: Aye-5. No-0. Carried.

6. Specific Matters for Discussion and Action.

A. Request by Jeff Mason for addition of property to Bayshore Sanitary District

and Sewer Service Area for property on Wery Road

Request is to add 11.5 acres of his property to the Bayshore Sanitary District so that he can connect to an existing sewer line adjacent to his property. He has met with Bayshore Sanitary District on four occasions with no decision. He has received nasty comments about his request. He feels that it is better to connect to the Sanitary Sewer than have a holding tank. His building site is one acre. Discussion followed on access to the Mason property through Wery Road and Hickory Nut Lane. Ullmer questioned as to whether the Town of Scott Town Board can force the Bayshore Sanitary District to allow for Mason's request. M. Van Lanen stated that it appears as if the Bayshore Sanitary District has not done it's job because it has not answered Mr. Mason's request.

Motion by Ullmer, second by M. Van Lanen to schedule a public hearing to gather input on the request of Jeff Mason to add 11.4 acres to the Bayshore Sanitary District because of the environmentaly sensitive nature of this area. Discussion followed on Statutes that state that an individual can request addition of land to a Sanitary District. Vote: Aye-4, No-0, Abstain-1. Carried. Hearing scheduled for 7:00 P.M. on Sept. 27, 2004 at Town Hall.

B. Use of Bulletin Board at Volk's Landing for Legal Notices.

Clerk reported that he has received complaints about the amount of graffiti and obscenities posted on the bulletin board at Volk's Landing. Legal notices have been tampered with and the bulletin board has been vandalized on more than one occasion. This location is not safe and useful for posting of legal notices. Horkman suggested that another location may be available on Nicolet Drive.

Motion by Ullmer, second by Horkman to remove the bulletin board and posting box from Volk's Landing because of the repeated acts of vandalism. Discussion followed on the impact to the people who live in the area. Vote: Aye-5, No-0. Carried.

C. Humane Society Bill.

A bill for $95.00 has been received from the Humane Society for care of a cat delivered by someone who lived on New Franken Road in the Town of Humboldt. Motion by Cy Van Lanen, second by Mike Van Lanen to deny payment. Vote: Aye-5, No-0. Carried.

D. Century Tel Request to Use Right of Way on Anapaula Lane.

Century Tel has requested to use right-of-way to bury telephone cables from Anapaula Lane to Point Comfort. Request including a map prepared by Century Tel was presented. Motion by Jacobs, second by Van Laanen to approve request. Vote: Aye-5, No-0. Carried

Plan Commission minutes recommended that all Sewer Service Area acres be banked and kept as one total until the Comprehensive Plan update is completed. Motion by Ullmer, second by Horkman to bank all available sewer service area acres for all sanitary districts as one total with allocations as needed upon completion of the update of the comprehensive plan.(Comp Plan update to be completed by Nov. 2005). Discussion followed on the use of the current plan until the new plan is complete. Ullmer amended the motion to allow for amendments of less than 5 acres. Vote: Aye-2, No-3. Failed.

Motion by M. Van Lanen, second by Ullmer to bank all sewer service acres and use the current Comprehensive Plan to allocate acres as requested until the updated Comprehensive Plan is completed. with minor amendments of up to 5 acres. Vote: Aye-2, No-3. Failed.

Motion by Ullmer, second by Horkman to allow public input. Vote: Aye-5, No-0. Carried.

Discussion on the timeline for completion of the Comprehensive Plan and how can Brown County be held accountable to the timeline.

Motion by Ullmer, second by Jacobs to return to agenda.. Vote: Aye-5, No-0. Carried.

F. Louis DeGroot Request For Sewer Service Area.

Louis DeGroot has requested that 23 acres of his property on the north side of Fischer Road that have access to sewer and water be included in the Sewer Service Area. Special Assessments have been levied on the property. Motion by Ullmer, second by Horkman to recommend that Sanitary Sewer District #1 Commissioners defer sewer and water assessments without interest on property owned by DeGroot and Liamatta on the north side of Fischer Road until the the property is sold or plans are presented for development. Vote: Aye-5, No-0. Carried.

G. Name of Platted Street North of Town Hall.

Motion by Jacobs, second by C. Van Laanen to name the platted street north of the Town Hall Aleva Court. Vote: Aye-5, No-0. Carried.

H. Road Construction Status.

Surfacing of one mile of Edgewater Beach Road is completed. $95,000 of the $100,000 budget has been spent. Shouldering still needs to be completed.

I. Time Warner Cable Franchise.

Gibson reported that he had met with representatives of Time Warner Cable and they are preparing a franchise agreement for approval at the next Town Board meeting. It would allow for Time Warner to expand cable services to areas where the market allows it and legitimize those portions of the Town now served by Time Warner.

J. Plumbing Inspector Status.

Motion by Horkman, second by M. Van Lanen to appoint Rick Prevost as Plumbing Inspector for a three year term to expire August 31, 2007 with the condition that he is qualified. Vote: Aye-5, No-0. Carried. Rick Prevost provided copy of credentials verifying that he is qualified as a Plumbing Inspector.

K. Zoning Board of Appeals Appointment.

Motion by C. Van Laanen, second by Horkman to reappoint Jim Denissen to a three year term on the Zoning Board of Appeals to expire August 31, 2007. Vote: Aye-5, No-0. Carried.

L. Subdivision Ordinance Approval.

The Plan Commission has approved the proposed Subdivision Ordinance. Next step is to hold a public hearing on the ordinance. Hearing is scheduled for 7:30 P.M. on September 27, 2004.

M. Population Estimate.

The Department of Administration has estimated the Town of Scott population to be 3,436. This estimate does not include the population that transferred from the City of Green Bay. Motion by M. Van Lanen, second by Jacobs to authorize the Clerk to file a protest with the Department of Administration. Vote: Aye-5, No-0.

N. Stormwater Drainage on Champeau Road.

Lee Kornaus request for review of stormwater drainage has been analyzed by Dave Cerny. He recommends that plans to improve the drainage be incorporated into the plans to improve the surface of Champeau Road. Discussion followed on the need to pursue Coastal Management Stormwater Grants. Town Board supported pursuing the grant.

O. Acceptance of Streets.

Motion by Jacobs, second by Van Laanen to accept the streets in St. Killian Estates and Wequiock Creek Estates with the provision that the second layer of blacktop be applied in two years. Resolutions to be prepared for submittal. Vote: Aye-5, No-0. Carried.

7. Reports from Town Officers, Committees and Commissions.

Blasting has been occurring in three quarries and two public works projects. No violations of the ordinance have been noticed.

B. Traffic Control

Request has been received to monitor traffic on Church Road.

C. Election

Primary Election is September 14 and Fall General(Presidential) is November 2.

D. Tax Incremental Financing

Training session attended by the Clerk on procedures that are now available for agriculture, forestry and recreation Tax Incremental Financing projects.

E. October Town Board Meeting

Next Town Board Meeting will be October 6, 2004 at 7:00 P.M.

F. Notice of Lawsuit by Chairman

Ullmer reported that he has received notice of impending lawsuit filed by Dave Mueller. He will be pursuing legal support from the Town Attorney.

G. Comprehensive Plan Update by Brown County

Brown County will commence a project to update the Town of Scott Comprehensive Plan beginning in October of 2004 lasting about 12 months.

H. Complaint About Junk Cars on Bienzen Property

Received a complaint that 11-15 old cars are stored in the vicinity of Debra Ann Drive. Two letters requesting improvements have been sent. More steps need to be taken.

I. Vision Corner on Bay Settlement and Van Lanen Road

Brush is obstructing the view of oncoming traffic on Bay Settlement Road.

8. Treasurer's Report

Treasurer reported balance on hand of $127,489.10. Outstanding personal property taxes of $189.87 and $37.95 should be taken to small claims court. Receipts of $106,047.64 and disbursements of $78,427.58 were reviewed. Motion by Horkman, second by Ullmer to accept Treasurer's report. Vote: Aye-5, No-0. Carried.

9. Adjournment.

Motion to adjourn by Jacobs, second by Horkman. Vote: Aye-5, No-0. Carried. Meeting adjourned at 9:45 P.M. Next meeting is 7:00 P.M. on Wednesday October 6, 2004.

_____________________________________

Donald L. Gibson

Clerk, Town of Scott